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As a subscriber you can listen to articles at work, in the car, or while you work out. Subscribe NowThe following 7th Circuit Court of Appeals opinion was posted after IL deadline Wednesday
Jackson County Bank v. Mathew R. DuSablon
18-2809
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Sarah Evans Barker.
Civil. Dismisses Mathew DuSablon’s appeal of the U.S. District Court for the Southern District of Indiana’s order remanding his case to state court and affirms the $9,035.61 award in favor of plaintiff Jackson County Bank. Finds the district court did not abuse its discretion in finding DuSablon lacked an objectively reasonable basis to remove the case to federal court. Also finds the district court did not err in awarding costs and fees.
Thursday opinions
Indiana Court of Appeals
Rickey D. Haines v. State of Indiana (mem. dec.)
18A-CR-2113
Criminal. Affirms Rickey Haines’ 14-year sentence for Level 3 felony criminal confinement. Finds the Brown Circuit Court did not abuse its discretion in resentencing Haines by considering convictions he obtained after his original sentencing. Also finds that because Haines invited any alleged error by arguing the court could consider his testimony about his behavior while incarcerated between his first and second sentencing hearings, he cannot raise the alleged error on appeal.
Darrell McNary v. State of Indiana (mem. dec.)
71A03-1710-PC-2408
Post-conviction. Affirms the denial of Darrell McNary’s petition for post-conviction relief. Finds the St. Joseph Superior Court did not err in denying McNary’s petition.
Tubo D. Owei v. State of Indiana (mem. dec.)
18A-CR-1679
Criminal. Affirms Tubo Owei’s conviction of Level 6 felony domestic battery and his related two-year sentence. Finds there is sufficient evidence to support the conviction. Also finds the Allen Superior Court did not abuse its discretion in sentencing Owei, and that his sentence is not inappropriate.
In the Matter of the Termination of the Parent-Child Relationship of J.L. (Minor Child) and C.H. (Mother) v. The Indiana Department of Child Services (mem. dec.)
18A-JT-1918
Juvenile termination of parental rights. Affirms the White Circuit Court’s termination of C.H.’s parental rights to J.L. Finds there is sufficient evidence to support the termination. Also finds the juvenile court did not abuse its discretion by concluding that C.H.’s substance abuse, which led to J.L.’s removal, would not be remedied.
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